G.S.SISTANI, J (ORAL)

CRL.M.A.11200/2015(delay)

1. This is an application filed by the petitioner seeking condonation of 53 days’ delay in filing the present leave to appeal petition.

2. Present application is vehemently opposed by counsel for respondent No.1, who submits that this application has been made without any application of mind, it is vague, lacks material particulars and stereo type. Counsel further submits that valuable rights have accrued in favour of respondent No.1 and thus, the court should take a serious view in the matter and dismiss the application. In support of this submission learned counsel for respondent No.1 relies upon Office of the Chief Postmaster General & Ors. v. Living Media India Limited and Anr., reported at (2012) 3 SCC 563, wherein the Supreme Court of India has held that the law of limitation binds everybody including the Government and delay should not be condoned as a matter of routine exercise. Counsel further submits that each day’s delay has not been explained by the State in filing the present leave to appeal petition.

3. Per contra, counsel for the State submits that the delay was not on account of inaction or carelessness but on ac